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Supreme Court affirms NCLAT decision on debt owed by COPL, appellant to settle with creditor. The Supreme Court affirmed the NCLAT findings on the debt owed by Corporate Debtor COPL. The appellant expressed willingness to pay the debt to the ...
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Provisions expressly mentioned in the judgment/order text.
Supreme Court affirms NCLAT decision on debt owed by COPL, appellant to settle with creditor.
The Supreme Court affirmed the NCLAT findings on the debt owed by Corporate Debtor COPL. The appellant expressed willingness to pay the debt to the operational creditor, ending litigation without acknowledging the assignment to Sanjeev Chadha. With pending insolvency proceedings under Section 7 of the Insolvency and Bankruptcy Code, the appeal was dismissed, allowing the appellant to approach NCLT to settle the debt. The IRP agreed not to form the Committee of Creditors for a week, and all pending applications were resolved during the proceedings.
Issues involved: Agreement with NCLAT findings on debt due by Corporate Debtor, readiness of the appellant to pay the debt, pending insolvency proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016.
Agreement with NCLAT findings: The Supreme Court agreed with the findings of the National Company Law Appellate Tribunal (NCLAT) regarding the debt due and payable by the Corporate Debtor, Chandigarh Overseas Private Limited (COPL), the respondent no. 2.
Appellant's readiness to pay the debt: The learned Senior Advocate for the appellant, Tejinder Pal Setia, stated that the appellant is prepared to pay the debt due to the operational creditor, M/s. Kone Elevator India Pvt. Ltd., which has been assigned to respondent no. 3, Sanjeev Chadha. This statement was made to end the litigation, without accepting the assignment to Sanjeev Chadha.
Pending insolvency proceedings: The Supreme Court noted that flat buyers have filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, which is pending before the National Company Law Tribunal (NCLT), Chandigarh Bench. As a result, the present appeal was dismissed, allowing Tejinder Pal Setia to move an application before the NCLT to express the desire to pay off the debt due to the operational creditor, M/s. Kone Elevator India Pvt. Ltd., assigned to Sanjeev Chadha.
Additional orders: The Interim Resolution Professional (IRP) agreed not to constitute the Committee of Creditors for one week. Any pending applications, including those for impleadment/intervention, were disposed of during the proceedings.
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